(Key
Rules & Procedures-Copy to be read and held by all keyholders)
GREATER AUGUSTA ASSOCIATON
OF REALTORS, INC.
RULES AND
PROCEDURES
The RISCO ReaderKEY and RediSAFE System shall be an activity of the Greater Augusta Association of REALTORS®(GAAR). RISCO ReaderKEYs shall be leased from GAAR per the RISCO ReaderKEY Lease Agreement provided by GAAR. MLS Participants may lease RediSAFEs from GAAR per the RISCO RediSAFE Lease Agreement provided by GAAR, subject to the MLS Participant’s execution of the RISCO ReaderKEY Lease Agreement.
Eligibility. Every MLS Participant, non-principal broker, sales licensee, licensed, registered or certified appraiser shall be eligible to hold a RISCO ReaderKEY, subject to their execution of a RISCO ReaderKEY Lease Agreement with GAAR. Use of the RISCO ReaderKEY and RediSAFE System is entirely voluntary for MLS members and Sellers. The RISCO ReaderKEY Lease Agreement shall be signed by the Keyholder and by a principal, partner or corporate officer of the Keyholder’s firm
Administration. The RISCO ReaderKEY and RediSAFE System shall be under the supervision of the Keysafe Committee. The Keysafe Committee shall draw and the Board of Directors shall adopt written reasonable and appropriate Rules and Procedures for the use of the RISCO ReaderKEY and RediSAFE System, which may include appropriate fines, not to exceed $1,000. All Keyholders shall agree, as a condition of the RISCO ReaderKEY Lease Agreement, to be bound by the rules and procedures governing the operation of the RISCO ReaderKEY and RediSAFE System.
GAAR shall maintain records as to RISCO ReaderKEYs and RISCO RediSAFEs issued and in inventory. There shall be an annual audit of all RISCO ReaderKEYs. A physical inventory and/or by receipt of a statement signed by the Participant, attesting that the RISCO ReaderKEYs are in the possession of the Participant or his or her subscribers.
a) If an inventory is taken annually, or during a spot check, and a Keyholder refuses or is unable to produce a RISCO ReaderKEY within their physical control, then the RISCO ReaderKEY will be considered unaccounted.
b) Association staff may conduct a spot audit at any time to insure proper control of a RISCO ReaderKEY by a Keyholder. The RISCO ReaderKEY must be in the possession of the Keyholder and must be shown at the time of the spot audit.
c) A RISCO RediSAFE audit shall be performed when the inventory of RISCO RediSAFEs at the Association Office reaches 20 or fewer. Otherwise, RISCO RediSAFE audits will be performed annually.
Obligations. GAAR shall charge Keyholders and their
co-signatories with the joint obligation of immediately reporting lost, stolen
or otherwise unaccountable RISCO ReaderKEYs and RISCO RediSAFEs to GAAR. Upon receipt of notice, the Board of
Directors shall take any steps deemed necessary to re-secure the system.
Default: If lessee fails to observe, keep or perform any provision of the Lease Agreement as to the RISCO ReaderKEY or RediSAFE system required to be observed, kept or performed by lessee, lessor shall have the right to exercise any one or more of the following remedies:
a) To take possession of the RISCO ReaderKEY with or without demand or notice, wherever it may be located, and with or without any court order or other process of law, Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute termination of the RISCO ReaderKEY Lease Agreement and/or RISCO RediSAFE Lease Agreement as to any or all items unless lessor expressly so notifies lessee in writing.
b) To assess a fine of up to $1,000.00
c) To terminate the Lease Agreement as to the RISCO ReaderKEY or RISCO RediSAFEs
d) To pursue any other remedy at law or in equity. Any such remedies are cumulative and may be exercised concurrently or separately
Noncompliance with Rules: For failure to pay any services charges or fees as of the date due, all RISCO ReaderKEY access shall be suspended and remain suspended until all service charges or fees are paid in full.
The Association/MLS service may refuse to lease RISCO ReaderKEYs, may terminate existing RISCO ReaderKEY Lease Agreements, and may refuse to activate or reactivate any RISCO ReaderKEY held by an individual convicted of a felony or misdemeanor, if the crime in the determination of the Association relates to the real estate business or put clients, customers, or other real estate professionals at risk.
Factors that can be considered in making such determination include, but are not limited to:
a) The nature and seriousness of the crime.
b) The relationship of the crime for the purposes for limiting RISCO RediSAFE accesses.
c) The extent to which access (or continued access) might afford opportunities to engage in similar criminal activity.
d) The extent and nature of past criminal activity.
e) Time since criminal activity was engaged in
Update Code: Update codes for RISCO ReaderKEYs shall be issued only to Keyholders in good standing with the MLS and/or Association and who are in compliance with these Rules, or the RISCO ReaderKEY Lease Agreement, the RISCO RediSAFE Lease Agreement, the MLS rules, or any other policies of GAAR. The RISCO ReaderKEY expires every ninety (90) days prohibiting use of the RISCO ReaderKEY until a new current update code is obtained from RISCO and entered by the Keyholder into the RISCO ReaderKEY.
Termination of RISCO ReaderKEY service: A Keyholder may terminate the RISCO ReaderKEY Lease Agreement at any time by paying any delinquent fees and returning the RISCO ReaderKEY to the Association office. All RISCO RediSAFEs must be returned to the Participant. The Keyholder, for the use of the RISCO ReaderKEY and RediSAFE System previously paid, shall forfeit any unused portion of any fee.
Acknowledgement: Keyholder acknowledges that neither the RISCO RediSAFEs, nor the RISCO ReaderKEYs, nor any other RISCO product used in connection with the RISCO ReaderKEY and RediSAFE System is a security system. This RISCO ReaderKEY and RediSAFE System is a marketing convenience and key control system, and as such, any loss of RISCO ReaderKEYs or disclosure of PIN’s compromises the integrity of the RISCO ReaderKEY and RediSAFE System. Keyholders shall use best efforts to insure the confidentiality and integrity of ALL components of the RISCO ReaderKEY and RediSAFE System. Neither RISCO nor GAAR shall be liable for any lost business or direct, incidental, or consequential damages or any other claim arising out of or relating to the use or inability to use the RISCO ReaderKEY and RediSAFE System for any reason whatsoever.
Access by unauthorized persons: In no event may the RISCO ReaderKEY or RISCO ReaderKEY and RediSAFE System be utilized by anyone not eligible for access to the MLS, or authorized by the Keysafe Committee and the Board of Directors of GAAR. Noncompliance of this rule will result in a maximum fine of $1,000.00 paid by the unauthorized user.
Safety of shackle codes: Participants and Subscribers are responsible for safeguarding the shackle codes of RISCO RediSAFEs to prevent theft.
Remedies for breach of rules: If the Keyholder breaches these Rules and Procedures or the Rules of the RISCO ReaderKEY or RediSAFE System, the Keysafe Committee or Board of Directors of GAAR may (a) deactivate the RISCO ReaderKEY; (b) take legal action against the Keyholder to recover all damages incurred by RISCO or GAAR resulting from such default and/or improper use of the RISCO ReaderKEY; (c) demand the return of all RISCO ReaderKEYs; and/or (d) pursue any other remedy at law or in equity. A maximum fine of $1,000 will be assessed against the Keyholder. Any claim or dispute howsoever arising out of the RISCO ReaderKEY Lease Agreement shall be resolved solely by arbitration. The prevailing party shall be entitled to recover any fees of the arbitrator, reasonable attorney’s fees, costs and expenses of the arbitration.
RISCO ReaderKEY Lease Agreement Responsibilities: The RISCO ReaderKEY Lease Agreement shall state the responsibilities and shall incorporate by reference any applicable rules or other governing provisions of the MLS that relates to the operation of the RISCO ReaderKEY and RediSAFE System.
Discretion of Board of Directors: All issuing fees, recurring fees, other administrative costs, or rules and procedures shall be established by the Board of Directors and may be changed at their discretion.
Modification by Board of Directors: The Board of Directors may at any time modify or cancel the RISCO ReaderKEY or RISCO ReaderKEY and RediSAFE System with 60 days notice to the Keyholders; at the end of 60 days, all RISCO ReaderKEYs must be returned or the RISCO ReaderKEY will be deactivated.
Purpose: A RISCO ReaderKEY and RediSAFE System is a means by which authorized MLS Participants place RISCO RediSAFEs on a listed property, and lease RISCO ReaderKEYs to access the RISCO RediSAFEs.
Access Numbers: GAAR will issue RISCO ReaderKEYs and Access numbers to Keyholders. In order to enhance the integrity and security of the system, Access Numbers will be known only to GAAR and the Keyholder to whom they are assigned. Each Keyholder and his or her Participant will be required to a sign a RISCO ReaderKEY Lease Agreement. Participant agrees to be bound by and comply with all terms and conditions of the RISCO ReaderKEY Lease Agreement signed by each licensee employed by or affiliated with a Participant. This applies to authorized affiliate Keyholders as well.
Liability: Participant acknowledges and accepts joint and several liability with any licensee affiliated with the Participant for any noncompliance with either the provisions of this agreement or any RISCO ReaderKEY Lease Agreement executed.
Keyholders leaving the business: Any Keyholder leaving the real estate business or discontinuing their membership in the GAAR MLS may return their used RISCO ReaderKEY in working order and receive a refund of $50. RISCO RediSAFEs are returned to the Participant office. RISCO ReaderKEYs must be returned within 5 business days following the Keyholders discontinuation of membership to receive the $50 refund.
Recall/Repossess: Keyholder acknowledges that title and ownership of the
RISCO ReaderKEYs and the RISCO RediSAFEs are the sole property of RISCO and
that RISCO or SAAR reserves the right to recall or repossess RISCO ReaderKEYs
or RISCO RediSAFEs for any reason. In
the event of a recall or repossession, RISCO RediSAFEs and /or RISCO ReaderKEYs
must be returned to GAAR within 5 business days.
Participant’s Default:
A. GAAR shall have the option to terminate the Participant’s rights under these Rules and Procedures for default. Likewise, if the Participant defaults under the separate RISCO ReaderKEY or RediSAFE Rules, SAAR can terminate the Participant’s rights.
B. Participant agrees to return all RISCO ReaderKEYs and other information concerning the RISCO ReaderKEY and RediSAFE System in the possession of the Participant or any licensee employed by or affiliated with the Participant to GAAR immediately upon default, or upon demand by GAAR.
C. If Participant fails to return all RISCO ReaderKEYs, or information about the RISCO ReaderKEY and RediSAFE System to GAAR as provided herein, GAAR shall be entitled to an injunction restraining Participant and every licensee employed by or affiliated with the Participant from utilizing any RISCO ReaderKEY or RISCO RediSAFE, or information concerning the RISCO ReaderKEY and RediSAFE System for any purpose whatsoever, and requiring the immediate return of all RISCO ReaderKEYs and information of GAAR. GAARs’ right to an injunction shall be in addition to any other remedies available to GAAR under the terms and conditions of this Agreement, at law or in equity.
D. Keyholder shall be responsible for losses, damages, or expenses incurred as a result of the default.
Indemnification: Participant agrees to indemnify, hold harmless, and defend GAAR, its Directors, officers, employees, and agents, from and against any and all liability obligations, damages, claims, or actions arising out of or as a result of Participant’s, or any licensee employed by or affiliated with the Participant’s, use of any RISCO ReaderKEY or RISCO RediSAFE or information concerning the RISCO ReaderKEY and RediSAFE System or Participant’s default under this agreement, and all expenses and costs including attorneys’ fees, resulting therefrom or incident thereto.
Subject to Rules: Operation of the RISCO ReaderKEY and RediSAFE System shall at all times be subject to the RISCO ReaderKEY and RediSAFE Rules and Procedures, RISCO ReaderKEY Rules, RISCO RediSAFE Rules, MLS Rules, or any other policies adopted by GAAR as amended from time to time.
RISCO READERKEY RULES
GREATER AGUSTA ASSOCIATION
OF REALTORS
Definition: The RISCO ReaderKEY is the programmer issued to a
Participant, Subscriber, or authorized
affiliate member for the purpose of accessing RISCO RediSAFEs.
Ownership: RISCO ReaderKEYs and RISCO RediSAFEs are the property of the lessor (RISCO), not the Greater Augusta Association of REALTORS, Inc. (GAAR). Keyholders are responsible for reasonable care and maintenance of these items.
Authorized Keyholders: GAAR has chosen to make the RISCO ReaderKEY and RediSAFE System available to all MLS Participants (Designated Realtor) and MLS Subscribers.
Violation of RISCO ReaderKEY Possession: RISCO
ReaderKEYs must not be lent, transferred or assigned to another person, nor
shall the PIN code be affixed to the RISCO ReaderKEY or divulged to anyone
other than the Keyholder. If Keyholder
defaults on any of these terms and conditions of lease, the violation shall be
a maximum fine of $1,000.00.
Improper use of RISCO ReaderKEYs or RediSAFEs: All improper use should be reported to the Association Office IN WRITING. Improper use will result in the following action:
1st offense $50 fine and letter of reprimand
2nd offense $100 fine, letter of reprimand, deactivate RISCO ReaderKEY for 30 days
3rd offense surrender of RISCO ReaderKEY
****ABOVE ACTION TO BE TAKEN AFTER PERSONAL INTERVIEW BY KEYSAFE COMMITTEE AND REVIEW AND APPROVAL BY BOARD OF DIRECTORS. ***
Additional Improper Usages: Keyholders shall use extreme care to ensure that all doors to the listed property are locked and that the RISCO RediSAFE is properly stored and secure. IF YOU ACCESS A RISCO REDISAFE AND FIND THE PROPERTY’S KEY MISSING , OR THAT THE RISCO REDISAFE HAS NOT BEEN PROPERLY STORED, OR THAT THE PROPERTY IS UNLOCKED OR DAMAGED, YOU ARE REQUIRED TO NOTIFY THE LISTING OFFICE IMMEDIATELY (within 2 hours) TO AVOID ANY APPEARANCE THAT THESE ACTIONS OCCURRED DURING YOUR VISIT AND TO GIVE THE LISTING OFFICE THE OPPORTUNITY TO CORRECT THE PROBLEM AND SAFEGUARD THE PROPERTY. (Properly stored indicates that the safe where the property’s key is located has been stored back inside the RISCO RediSAFE and is secure.)
Damaged, Lost, Stolen, or Unaccountable RISCO
ReaderKEY:
1) Damaged – pay the replacement cost;
2) Stolen/Lost/Unaccountable – $100/per incident (which includes a new key). A stolen, lost, or unaccountable RISCO
ReaderKEY must be reported to the Association within 48 hours. However if stolen a signed affidavit will be
required before another RISCO
ReaderKEY will be issued. The
Participant who has co-signed the RISCO ReaderKEY Lease Agreement must be
notified. Both the Keyholder and the
Participant, prior to reissuing another RISCO ReaderKEY to the Keyholder, must
sign a new RISCO ReaderKEY Lease Agreement.
Possession: No Keyholder shall possess more than one activated RISCO ReaderKEY at any time.
Validity: The invalidity or unenforceability of any particular provision of the RISCO ReaderKEY Lease Agreement shall not affect the other provisions hereof, and shall be construed in all respects as if such invalid or unenforceable provision were omitted.
The RISCO ReaderKEY Lease Agreement sets forth the written understanding between the parties with respect to the use of any part of the RISCO ReaderKEY and RediSAFE System and there are no promises, conditions, agreements, understandings, or representations, oral or written, express or implied, between the parties with respect to the use of any part of the RISCO ReaderKEY and RediSAFE System, other than as set forth herein.
The Rules of and Leases related to the RISCO ReaderKEY and RediSAFE System shall be construed and enforced in accordance with the laws of the State of Virginia.
Any notice under the terms of the Rules of or the Leases related to the RISCO ReaderKEY and RediSAFE System shall be in writing and shall be deemed accepted when mailed to a Keyholder at the address on file with the Greater Augusta Association of REALTORS®, or when delivered in person.
RISCO REDISAFE RULES
GREATER AUGUSTA ASSOCIATION
OF REALTORS
Definition: The RISCO RediSAFE is a safe that is placed on a listed property for the purpose of accessing the property in the owner’s absence. RISCO RediSAFEs may not be placed on a property without written authority from the seller. This authority may be established in the listing contract or in separate document created specifically for this purpose. The Keyholder agrees to disclose to the property owner or tenant that the RISCO RediSAFE is not designed or intended as a security device.
Use of RISCO RediSAFEs: All Keyholders are authorized under certain conditions to open the RISCO RediSAFEs under terms specified by the listing broker. Cooperating brokers and sales licensees, whether functioning as the listing broker or as agents of the broker, must contact the listing broker to disclose their agency status and to arrange appointments to show listed property even if the property has a RISCO RediSAFE affixed to it, unless the listing broker has given specific permission (through information published in the MLS or otherwise) to show the property without first contacting the listing broker.
The RISCO ReaderKEY and RediSAFE System is strictly voluntary. No one is required to lease a RISCO ReaderKEY; however, Participants must have a RISCO ReaderKEY if he or she has RISCO RediSAFEs in their possession.
PLEASE NOTE: YOU ARE ONLY USING THE RISCO REDISAFES. YOU DO NOT OWN THEM. PLEASE DO NOT MARK ON THEM OR WRITE ON THEM.
Keysafe Rules and Regulations: The RISCO RediSAFE Lease Agreement shall state the responsibilities and shall incorporate by reference any applicable rules and other governing provisions of the MLS that relates to the operation of the RISCO ReaderKEY and RediSAFE System
Return of RISCO RediSAFEs not in use: The Greater Augusta Association of REALTORS, Inc. reserves the right to request the return of RISCO RediSAFEs not in use.
RISCO RediSAFE Lease Agreements: A Participant will be required to sign a RISCO RediSAFE Lease Agreement outlining their responsibility to maintain a record of the location of each RISCO RediSAFE, and establishing their liability should RISCO RediSAFEs be lost or otherwise unaccounted for. Such liability is established at the replacement cost of each RISCO RediSAFE.
Security of shackle codes: Participants are responsible for safeguarding the shackle codes of their RISCO RediSAFEs to prevent theft
Privilege information to law enforcement officials: Law enforcement officials may have access to the information held within the RISCO RediSAFEs on properties where a RISCO RediSAFE was on the property and criminal activity is suspect. Access will only be allowed with Greater Augusta Association of REALTORS’ Board of Directors written approval.
Responsibilities: Participants will:
1) Maintain the RISCO RediSAFEs in working order and will be responsible to pay for any repairs or replacement, if not covered under warranty.
2) Pay for any RISCO RediSAFE assigned to the Participant if not accounted for at the time of any audit.
3) Not remove the serial number or damage the serial number sticker on the RISCO RediSAFE
4) Be charged the replacement cost per RISCO RediSAFE if the serial number has been altered or if it is missing from the RISCO RediSAFE. A RISCO RediSAFE without a serial number will be considered as an unassigned RISCO RediSAFE and the Greater Augusta Association of REALTORS will confiscate all such RISCO RediSAFEs.